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United States v. John Allen Heathington, Jr.

UNITED STATES of America, Plaintiff-Appellee, v. John Allen HEATHINGTON, Jr., Defendant-Appellant

United States v. Heathington, 545 F.2d 972 (5th Cir. 1977)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
January 21, 1977
Docket
No. 75-4047
Judges
Gewin, Gee, Fay
Citations
545 F.2d 9721977 U.S. App. LEXIS 10407

Opinion — Per Curiam

*973 PER CURIAM:

After a jury trial at which he was represented by a federal public defender, appellant was convicted of conspiracy to import cocaine in violation of 21 U.S.C. § 952 (a). The court sentenced him to five years’ imprisonment and a special parole term of five years, the execution of which was suspended while appellant was on supervised probation. He contends that the trial judge erred in failing to charge the jury on withdrawal from a conspiracy and in denying his motion to dismiss the indictment.

After careful consideration of the record, the briefs, and oral argument, we think that both of appellant’s contentions are without merit. An instruction on a defense theory may be refused if the evidence does not sufficiently raise the issue.

Pierce v. United States, 414 F.2d 163, 167-68 (5th Cir. 1969). The evidence in this case was not sufficient to raise the issue of withdrawal. Moreover, the evidence was overwhelming upon which the jury could find an agreement to violate the law and an overt act done in furtherance of the agreement’s object, assuming the same to be required, prior to the alleged withdrawal. Such a withdrawal would come too late to absolve one of liability for the crime of conspiring.

Collier v. United States, 255 F. 328, 329 (5th Cir. 1918). The court also properly denied appellant’s motion to dismiss. The government clearly did not agree to dismiss the indictment, as alleged by appellant.

JUDGMENT AFFIRMED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1977: 11982: 21985: 11990: 11994: 12014: 119772026peak 1982 · 2

Relies on it most ⓘ

  1. United States v. William Netterville, Gerald L. Thatcher, Robert Douglas Watkins, and Donald Byrd Chambers553 F.2d 903 (5th Cir. 1977)
  2. United States v. Jim Nicoll664 F.2d 1308 (5th Cir. 1982)
  3. United States v. William H. Andrew, Jr.666 F.2d 915 (5th Cir. 1982)
  4. United States v. Juan Salazar751 F.3d 326 (5th Cir. 2014)
  5. United States v. Michael Marolla, John Henry Kittles766 F.2d 457 (11th Cir. 1985)
  6. United States v. Willie R. Francis916 F.2d 464 (8th Cir. 1990)

Most recent

  1. United States v. Juan Salazar751 F.3d 326 (5th Cir. 2014)
  2. United States v. Timothy Stringfield v32 F.3d 563 (4th Cir. 1994)
  3. United States v. Willie R. Francis916 F.2d 464 (8th Cir. 1990)
  4. United States v. Michael Marolla, John Henry Kittles766 F.2d 457 (11th Cir. 1985)
  5. United States v. William H. Andrew, Jr.666 F.2d 915 (5th Cir. 1982)
  6. United States v. Jim Nicoll664 F.2d 1308 (5th Cir. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Pierce v. United States, 414 F.2d 163 (5th Cir. 1969) 95
Collier v. United States, 255 F. 328 (5th Cir. 1918) 8

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